The Second Circuit has vacated a fraud-related aggravated felony finding based on a restitution order. The petitioner was convicted of one count of insurance fraud and one count of grand larceny, and the restitution order did not establish if it was calculated based on losses due to the fraud, the theft, or both. Thus, the government had not proven the $77,000 restitution order was tied to the fraud count.

The full text of Rampersaud v. Barr can be found here:

https://www.ca2.uscourts.gov/decisions/isysquery/439ddf3d-3b3c-4999-bfcc-e7cacdc4ec27/7/doc/19-825_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/439ddf3d-3b3c-4999-bfcc-e7cacdc4ec27/7/hilite/

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